Cohen v. Municipal Court

FOX, J.*

This is an appeal from an order denying an alternative writ of prohibition.

Petitioner was charged with violating section 311.2 of the Penal Code.1 The complaint charged, in pertinent part, that defendant “did wilfully, unlawfully and knowingly in this state prepare and exhibit and offer to exhibit obscene matter.” The offense was charged in the language of the statute. The obscene matter was not identified in the complaint. Defendant filed a demurrer to the complaint. It was overruled. Defendant then petitioned for an alternative writ of prohibition. His petition was denied. Hence…